NY State Senate Bill 2023-S5215

Current Bill Status - In Senate Committee Local Government Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 03, 2024	referred to local government
Feb 27, 2023	referred to local government

2023-S5215 (ACTIVE) - Details

See Assembly Version of this Bill:: A5365
Current Committee:: Senate Local Government
Law Section:: Suffolk County

2023-S5215 (ACTIVE) - Summary

Authorizes the town of Brookhaven, county of Suffolk to amend an existing conservation easement to allow for rail access and service.

2023-S5215 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5215

SPONSOR: MURRAY
 
TITLE OF BILL:

An act authorizing the town of Brookhaven, county of Suffolk to amend a
conservation easement

 
PURPOSE:

To authorize the town of Brookhaven, county of Suffolk to adjust the
boundaries of a conservation easement for the express purpose of allow-
ing rail access and expanding the lands of a conservation easement.

 
SUMMARY OF PROVISIONS:

Section 1. allows the town of Brookhaven to adjust the boundaries of a
sixty-two acre conservation easement more particularly described in
section three of this act, by removing a parcel of approximately three
acres as described in section four of this act.

Section 2. provides that the authorization to amend such conservation

easement shall be effective only upon the condition that the town of
Brookhaven add to the conservation easement the lands more particularly
described in section five of this act in order to conserve, preserve and
protect environmental assets, natural resources open space and forest
lands.

Section 3. describes more particularly the metes and bounds of the
sixty-two acre conservation easement that the town of Brookhaven is
seeking authorization to adjust through this act.

Section 4. describes the metes and bounds of the parcel of approximately
three acres to be removed from the existing conservation easement.

Section 5. describes the metes and bounds of the parcel of approximately
six acres to be added to the conservation easement.

Section 6. provides the effective date.

 
JUSTIFICATION:

Subject to the provisions of this act, the town of Brookhaven, county of
Suffolk is authorized to adjust the boundaries and expand the lands of
an existing conservation easement, held pursuant to Section 247 of the
general municipal law and Article 49, Title 3 of the environmental
conservation law. The act authorizes the removal of approximately three
acres of land from the conservation easement for the express purpose of
allowing rail service under the jurisdiction of the federal Surface
Transportation Board, upon the condition that approximately six acres of
land be added to the conservation easement.

The legislation will accomplish several priorities of the town to not
only increase the lands protected under the conservation easement but to
also provide the environmental benefits of allowing rail service to the
industrial parcel thereby significantly reducing truck traffic
congestion over the highways, roadways and bridges on Long Island and
the New York City metropolitan region and improving air quality.

 
LEGISLATIVE HISTORY:

This is a new bill.

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2023-S5215 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5215
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 27, 2023
                                ___________
 
 Introduced  by  Sen.  MURRAY -- read twice and ordered printed, and when
   printed to be committed to the Committee on Local Government
 
 AN ACT authorizing the town of Brookhaven, county of Suffolk to amend  a
   conservation easement
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subject to the provisions of this act, the town of Brookha-
 ven, county of Suffolk, acting by and through  its  governing  body  and
 upon  such  terms  and  conditions as determined by such body, is hereby
 authorized to amend its rights acquired in a conservation easement  over
 the  lands  more  particularly  described  in section three of this act,
 which are held pursuant to section 247 of the general municipal law  and
 title  3  of article 49 of the environmental conservation law, adjusting
 the boundaries of the conservation easement by removing from the conser-
 vation easement the lands more particularly described in section four of
 this act for the express purpose of allowing rail access.
   § 2. The authorization to amend such conservation  easement  shall  be
 effective only upon the condition that the town of Brookhaven, county of
 Suffolk  add  to  the  conservation easement the lands more particularly
 described in section five of this act to conserve, preserve and  protect
 environmental assets, natural resources, open space and forest lands.
   § 3. The conservation easement subject to this act consists of approx-
 imately  62  acres  of  land,  which  is  more particularly described as
 follows:
 Preserve Area A (West of Rail Corridor)
 Suffolk County Real Property Tax Service Designation:
 District: 0200
 Section: 815.00
 Block: 01.00
 Lots: Part of 004.004, 006.002, Old Town Road
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD09637-01-3
 S. 5215                             2

 
 ALL that certain plot, piece or parcel of land, situate, lying and being
 at Yaphank, Town of Brookhaven, County of Suffolk and State of Now York,
 being bounded and described as follows:
 BEGINNING at the northeast corner of the herein described property, said
 point being more particularly described thus:
 COMMENCING  at  the  intersection  of the easterly line of Old Town Road
 with the northerly line of Horse Block Road (Suffolk County  Route  16),
 said point being the south west corner of property acquired by the Coun-
 ty of Suffolk from Decca Navigator Systems, Inc. per Map No. 93 entitled
 "Map  Showing  Property to be Acquired from Decca Navigator System, Inc.
 for County Purposes" County of Suffolk Department of Public  Works  R.M.
 Kammerer, Commissioner.
 RUNNING  THENCE  along  the northerly line of Horse Block Road (C.R. 16)
 the following seven courses:
 1. South 75 degrees 01 minute 07 second East 163.82 feet;
 2. Along the arc of a circular curve to the right  having  a  radius  of
 1,945.86  feet,  tangent  to the previous course, said curve has a chord
 which bears South 73 degrees 24 minute 46 seconds East 109.06  feet,  an
 arc length of 109.07 feet to a point of reverse curvature;
 3.  Along  the  arc  of  a circular curve to the left having a radius of
 1,873.86 feet, tangent to the previous curve, said  curve  has  a  chord
 which  bears South 73 degrees 24 minutes 46 seconds East 106.02 feet, an
 arc length of 106.04 feet;
 4. South 75 degrees 01 minute 07 seconds East, tangent to  the  previous
 curve, 79.43 feet;
 5. South 05 degrees 32 minutes 27 seconds East 19.19 feet;
 6. South 75 degrees 01 minute 07 seconds East 104.97 feet;
 7.  South  79  degrees  17  minutes  52 seconds East 184.55 feet, to the
 westerly line of land now or formerly of Rosh, LLC;
 THENCE, along said westerly line, North 05 degrees 32 minutes 27 seconds
 West 2,605.87 feet, to the southerly line  of  land  of  the  County  of
 Suffolk;
 THENCE along lands of the County of Suffolk the following eight courses:
 1. South 84 degrees 27 minutes 33 seconds West 275.15 feet;
 2. North 05 degrees 32 minutes 27 seconds West 1.82 feet;
 3. North 05 degrees 23 minutes 40 seconds West 1,890.10 feet;
 4. North 03 degrees 49 minutes 20 seconds West 15.25 feet;
 5. North 05 degrees 32 minutes 38 seconds West 34.99 feet;
 6. North 44 degrees 00 minutes 41 seconds West 312.52 feet;
 7. North 49 degrees 00 minutes 49 seconds West 339.27 feet;
 8.  North  05  degrees  20 minutes 34 seconds West 3,196 62 feet, to the
 southerly line of the Long Island Railroad;
 THENCE along the southerly line of the Long Island  Railroad,  South  82
 degrees 57 minutes 08 seconds West, 877.24 feet, to the northeast corner
 of the herein described property at the Point of Beginning;
 THENCE South 05 degrees 27 minutes 31 seconds East 2,765.10 feet, to the
 northerly line of land now or formerly of New York Pyrotechnics;
 THENCE along said northerly line, South 84 degrees 19 minutes 38 seconds
 West 710.58 feet;
 THENCE North 04 degrees 46 minutes 00 seconds West 2,749.16 feet, to the
 southerly line of the Long Island Railroad;
 RUNNING  THENCE  along the southerly line of Long Island Railroad, North
 82 degrees 57 minutes 08 seconds East 677.64 feet, to the point or place
 of BEGINNING.
 Preserved Area B (East of Rail Corridor)
 Suffolk County Real Property Tax Service Designation:
 S. 5215                             3
 
 District: 0200
 Section: 815.00
 Block: 01.00
 Lots: Part of 006.002
 ALL that certain plot, piece or parcel of land, situate, lying and being
 at Yaphank, Town of Brookhaven, County of Suffolk and State of New York,
 being bounded and described a follows:
 BEGINNING at the southeast corner of the herein described property, said
 point being more particularly described thus:
 COMMENCING  at  the  intersection  of the easterly line of Old Town Road
 with the northerly line of Horse Block Road (Suffolk County  Route  16),
 said point being the southwest corner of property acquired by the County
 of  Suffolk  from  Decca Navigator Systems, Inc. per Map No. 93 entitled
 "Map Showing Property to be Acquired from Decca Navigator  System,  Inc.
 for  County  Purposes" County of Suffolk Department of Public Works R.M.
 Kammerer, Commissioner.
 RUNNING THENCE along the northerly line of Horse Block  Road  (C.R.  16)
 the following seven courses:
 1. South 75 degrees 01 minute 07 seconds East 163.82 feet;
 2.  Along  the  arc  of a circular curve to the right having a radius of
 1,945.86 feet, tangent to the previous course, said curve  has  a  chord
 which  bears South 73 degrees 24 minutes 46 seconds East 109.06 feet, an
 arc length of 109.07 feet to a point of reverse curvature;
 3. Along the arc of a circular curve to the  left  having  a  radius  of
 1,873.86  feet,  tangent  to  the previous curve, said curve has a chord
 which bears South 73 degrees 24 minutes 46 seconds East 105.02 feet,  an
 arc length of 105.04 feet;
 4.  South  75 degrees 01 minute 07 seconds East, tangent to the previous
 curve, 79.43 feet;
 5. South 05 degrees 32 minutes 27 seconds East 19.19 feet;
 6. South 75 degrees 01 minute 07 seconds East 104.97 feet;
 7. South 79 degrees 17 minutes 52  seconds  East  184.55  feet,  to  the
 westerly line of land now or formerly of Rosh, LLC;
 THENCE  along said westerly line, North 05 degrees 32 minutes 27 seconds
 West 2,605.87 feet, to the southerly line  of  land  of  the  County  of
 Suffolk;
 THENCE along lands of the County of Suffolk the following eight courses:
 1. South 84 degrees 27 minutes 33 seconds West 275.15 feet;
 2. North 05 degrees 32 minutes 27 seconds West 1.82 feet;
 3. North 05 degrees 23 minutes 40 seconds West 1,890.10 feet;
 4. North 03 degrees 49 minutes 20 seconds West 15.25 feet;
 5. North 05 degrees 32 minutes 38 seconds West 34.99 feet;
 6. North 44 degrees 00 minutes 41 seconds West 312.52 feet;
 7. North 49 degrees 00 minutes 49 seconds West 339.27 feet;
 8.  North  05  degrees  20 minutes 34 seconds West 1,907.87 feet, to the
 Point of Beginning.
 RUNNING THENCE South 84 degrees 32 minutes 29 seconds West 599.29 feet;
 THENCE North 06 degrees 27 minutes 31 seconds West 282.03 feet;
 THENCE North 16 degrees 27 minutes 31 seconds West 115.18 feet;
 THENCE North 05 degrees 27 minutes 31 seconds West 876.03 feet,  to  the
 southerly line of the Long Island Railroad;
 THENCE  along  the  southerly line of the Long Island Railroad, North 82
 degrees 57 minutes 08 seconds East 622.14 feet, to the westerly line  of
 land of the County of Suffolk;
 THENCE  South  05  degrees  20 minutes 34 seconds East, along said land,
 1,288.75 feet, to the Point of BEGINNING.
 S. 5215                             4

   § 4. The land authorized by section one of this act to be removed from
 the conservation easement consists of 2.99 acres of  land  and  is  more
 particularly described as follows:
   Beginning  at  the  northeast corner of the herein described property,
 said point being more particularly described thus:
   Commencing at the intersection of the easterly line of Old  Town  Road
 with  the  northerly line of Horse Block Road (Suffolk County Route 16),
 said point being the southwest corner of property acquired by the County
 of Suffolk from Decca Navigator Systems, Inc. per Map  No.  93  entitled
 "Map  Showing  Property to be Acquired from Decca Navigator System, Inc.
 for County Purposes" County of Suffolk Department of Public  Works  R.M.
 Kammerer, Commissioner.
   Running thence along the northerly line of Horse Block Road (C.R.  16)
 the following seven courses:
   1. South 75°01'07" East 163.82 feet;
   2.  Along  the arc of a circular curve to the right having a radius of
 1,945.86 feet, tangent to the previous course, said curve  has  a  chord
 which  bears  South  73°24'46" East 109.06 feet, an arc length of 109.07
 feet to a point of reverse curvature;
   3. Along the arc of a circular curve to the left having  a  radius  of
 1,873.86  feet,  tangent  to  the previous curve, said curve has a chord
 which bears South 73°24'46" East 105.02 feet, an arc  length  of  105.04
 feet;
   4. South 75°01'07" East, tangent to the previous curve, 79.43 feet;
   5. South 05°32'27" East 19.19 feet;
   6. South 75°01'07" East 104.97 feet;
   7.  South 79°17'52" East 184.55 feet, to the westerly line of land now
 or formerly of Rosh, LLC.;
   Thence, along said westerly line, North 05°32'27" West 2,605.87  feet,
 to the southerly line of land of the County of Suffolk;
   Thence along lands of the County of Suffolk the following eight cours-
 es:
   1. South 84°27'33" West 275.15 feet;
   2. North 05°32'27" West 1.82 feet;
   3. North 05°23'40" West 1,890.10 feet;
   4. North 03°49'20" West 15.25 feet;
   5. North 05°32'38" West 34.99 feet;
   6. North 44°00'41" West 312.52 feet;
   7. North 49°00'49" West 339.27 feet;
   8.  North  05°20'34"  West 3,196.62 feet, to the southerly line of the
 Long Island Railroad as monumented;
   Thence along the southerly line of the Long Island Railroad  as  monu-
 mented,  South  82°57'08"  West, 877.24 feet, to the northeast corner of
 the herein described property at the Point of Beginning;
   Thence South 05°27'31" East 384.27 feet ;
   Thence North 67°06'35" West 769.69 feet to the southerly line  of  the
 Long Island Railroad as monumented;
   Thence  along  the southerly line of the Long Island Railroad as monu-
 mented, North 82°57'08" East 677.64 feet to the Point of Beginning.
   Containing within said bounds 2.99 Acres
   § 5. The land authorized by section two of this act to be added to the
 conservation easement consists of 6.13 acres and  is  more  particularly
 described as follows:
   Beginning  at  the  southeast corner of the herein described property,
 said point being more particularly described thus:
 S. 5215                             5
 
   Commencing at the intersection of the easterly line of Old  Town  Road
 with  the  northerly line of Horse Block Road (Suffolk County Route 16),
 said point being the southwest corner of property acquired by the County
 of Suffolk from Decca Navigator Systems, Inc. per Map  No.  93  entitled
 "Map  Showing  Property to be Acquired from Decca Navigator System, Inc.
 for County Purposes" County of Suffolk Department of Public  Works  R.M.
 Kammerer, Commissioner.
   Running thence along the northerly line of Horse Block Road (C.R.  16)
 the following seven courses:
   1. South 75°01'07" East 163.82 feet;
   2.  Along  the arc of a circular curve to the right having a radius of
 1,945.86 feet, tangent to the previous course, said curve  has  a  chord
 which  bears  South  73°24'46" East 109.06 feet, an arc length of 109.07
 feet to a point of reverse curvature;
   3. Along the arc of a circular curve to the left having  a  radius  of
 1,873.86  feet,  tangent  to  the previous curve, said curve has a chord
 which bears South 73°24'46" East 105.02 feet, an arc  length  of  105.04
 feet;
   4. South 75°01'07" East, tangent to the previous curve, 79.43 feet;
   5. South 05°32'27" East 19.19 feet;
   6. South 75°01'07" East 104.97 feet;
   7.  South 79°17'52" East 184.55 feet, to the westerly line of land now
 or formerly of Rosh, LLC.;
   Thence, along said westerly line, North 05°32'27" West 2,605.87  feet,
 to the southerly line of land of the County of Suffolk;
   Thence along lands of the County of Suffolk the following eight cours-
 es:
   1. South 84°27'33" West 275.15 feet;
   2. North 05°32'27" West 1.82 feet;
   3. North 05°23'40" West 1,890.10 feet;
   4. North 03°49'20" West 15.25 feet;
   5. North 05°32'38" West 34.99 feet;
   6. North 44°00'41" West 312.52 feet;
   7. North 49°00'49" West 339.27 feet;
   8. North 05°20'34" West 1,467.95 feet, to the Point of Beginning.
   RUNNING thence South 84°16'27" West 598.41 feet;
   Thence North 05°27'31" West 442.71 feet;
   Thence North 84°32'29" East 599.29 feet;
   Thence South 05°20'34" East 439.92 feet to the Point of Beginning.
   Containing within said bounds 6.13 Acres
   § 6. This act shall take effect immediately.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Senate Bill S5215

Sponsored By

Current Bill Status - In Senate Committee Local Government Committee

2023-S5215 (ACTIVE) - Details

2023-S5215 (ACTIVE) - Summary

2023-S5215 (ACTIVE) - Sponsor Memo

2023-S5215 (ACTIVE) - Bill Text download pdf

Comments

Senate Bill S5215

Share this bill

Sponsored By

Dean Murray

Current Bill Status - In Senate Committee Local Government Committee

2023-S5215 (ACTIVE) - Details

2023-S5215 (ACTIVE) - Summary

2023-S5215 (ACTIVE) - Sponsor Memo

2023-S5215 (ACTIVE) - Bill Text download pdf

Comments